EX.P. 275/2012 & EX.P. 276/2012

Page 1 of 20

$~14 & 15

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Date of Decision: 24^th June, 2021

+

EX.P. 275/2012 & E.A. 193/2020

M/S BHANDARI ENGINEERS

& BUILDERS PVT LTD

..... Decree Holder

Through:

Mr. S. S. Jauhar, Advocate

versus

M/S MAHARIA RAJ

JOINT VENTURE & ORS

..... Judgment Debtors

Through:

Mr.

Dayan

Krishnan,

Senior

Advocate as Amicus Curiae

Mr. Sanjiv Kakra, Senior Advocate as

+

EX.P. 276/2012

M/S BHANDARI ENGINEERS

& BUILDERS PVT LTD

..... Decree Holder

Through:

Mr. S. S. Jauhar, Advocate

versus

M/S YOU ONE MAHARIA

(JV) DELHI & ORS

..... Judgment Debtors

Through:

Mr.

Dayan

Krishnan,

Senior

Advocate as Amicus Curiae

Mr. Sanjiv Kakra, Senior Advocate as

Amicus Curiae

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

J U D G M E N T (ORAL)

1.

This Court laid down the guidelines for execution of the

decrees/awards vide judgment dated 05^th December, 2019, hereinafter

referred to as Bhandari Engineers-I.

2021:DHC:1900

EX.P. 275/2012 & EX.P. 276/2012

Page 2 of 20

2.

Vide judgment dated 05^th August, 2020, hereinafter referred to as

Bhandari Engineers-II, this Court modified the guidelines issued in

Bhandari Engineers-I to make them more comprehensive.

3.

Mr. Dayan Krishnan, Senior Advocate assisting this Court as Amicus

Curiae seeks the following modifications in the guidelines issued in

Bhandari Engineers-II:

(i)

If the execution is filed within two years of the decree/award and the

decree-holder has disclosed the assets of the judgment-debtor, the Court

shall attach the assets on the very first date of hearing.

(ii)

If the decree-holder is not aware of the assets of the judgment-debtor,

the Court shall direct the judgment-debtor to deposit the amount within 30

days.

(iii)If the decretal/awarded amount is not deposited by the judgment-

debtor, the judgment-debtor be directed to file the affidavit/additional

affidavit of its assets and income within 30 days of the receipt of notice.

(iv)

If the amount is deposited by the judgment-debtor within 30 days, the

judgment-debtor is not required to file the affidavit/additional affidavit of its

assets.

(v)

If the judgment-debtor is a Central Government/State Government/

Municipal Corporation/ PSU/Entity of the Central/State Government/

Foreign State, the direction to file the affidavit of assets within 30 days is not

necessary in the first instance. In such cases, the Court shall direct the

judgment-debtor to disclose the particulars of its bank account(s) in which

there is sufficient amount to satisfy the decree/award, on affidavit within 30

days. If the amount in the bank account(s) is not sufficient to satisfy the

decree/award, the judgment-debtor be then directed to file the affidavit of its

2021:DHC:1900

EX.P. 275/2012 & EX.P. 276/2012

Page 3 of 20

assets in Form 16A of Appendix E under Order XXI Rule 41(2) of the Code

of Civil Procedure.

(vi)

If the execution is filed after two years of the decree/award, notice be

issued to the judgment-debtor and the directions relating to the affidavit of

assets, attachment and injunction be considered after the service of the

judgment-debtor unless the decree-holder makes out a case under Order XXI

Rule 22 of the Code of Civil Procedure, at the time of issuance of notice.

(vii)The formats of the notices to be issued to the judgment-debtor be

prescribed in this judgment for the convenience of the Courts.

(viii) The show cause notice is necessary for detaining the judgment-debtor

upon the failure to deposit the decretal/award amount or to file the affidavit

of assets.

4.

Mr. Sanjiv Kakra, learned Amicus Curiae and Mr. S. S. Jauhar,

learned counsel for the decree-holder submit that the suggestions given by

the learned amicus curiae are very valuable and be incorporated in the

guidelines laid down by this Court. It is suggested that the additional

affidavit is also relevant in proceedings before